This Regulation implements Executive Order 67 (McAuliffe 2017), which directs the Department of General Services (DGS) to promulgate emergency regulations to govern any public use of the Lee Monument. This Regulation comes at the recommendation of the Governor’s Task Force on Public Safety Preparedness and Response to Civil Unrest, as directed in Executive Order 67.

State Authority

Va .
Code § (2.2-4011
A) allows emergency regulations where the necessity for the action has been approved by the Governor .
Here the Governor has directed the action through his Executive Order Here the Governor has directed the action through his Executive Order 67.

Federal Authority

None entered

Exempt from APA

No, changes to this chapter are subject to the Administrative Process Act and the standard
executive branch review process.

The regulation provides a framework for the use of the Robert E. Lee Monument in a way that serves to protect public safety while also protecting constitutional rights. The Monument is listed on the National Register of Historic Places and the Virginia Landmarks Register. It is located in a traffic rotary with no crosswalk for entry, on a major thoroughfare and residential area in downtown Richmond. While not a traditional public forum, the Department of General Services has allowed and permitted events at the Monument in the past and will continue to do so under this regulation.